Pre-Emption Meaning, Nature, Scope Under Muslim Law (Shufa) And Who Can Claim The Right

Abstract

 In the words of Mulla, “The right of shufaa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which has been sold to another person”. The foundation of the right of pre-emption is the human desire to avoid the inconvenience and disturbance which is likely to be caused by the introduction of a stranger into the land.1 Justice Mahmood has defined pre-emption as a right which the owner of certain immovable property possesses as such, for the quiet enjoyment of immovable property, to obtain in substitution for the buyer's proprietary possession of certain other immovable property not his own, on such terms as those on which such latter immovable property is sold to another person.2 The law of pre-emption under muslim religion is to be looked at in the light of the Muslim law of succession. Under Muslim law, death of a person results in the division of his property into fractions. If an heir is allowed to dispose of his share without offering it to other co-heirs, then it is likely to lead to the introduction of strangers into a part of the estate with resultant difficulties and inconveniences.